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Commercial Disputes Weekly – Issue 2712 May 2020

BITE SIZE KNOW HOW FROM THE ENGLISH COURTS

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Arbitration
Demonstrating its pro-arbitration stance in the face of the defendant’s “Janus-faced” approach, the Commercial Court has granted a conditional anti-suit injunction restraining a bank from bringing proceedings in Singapore notwithstanding the fact that there was a question as to whether the parties were bound by a London arbitration clause.
Times Trading Corporation v National Bank of Fujairah (Dubai Branch)

"It would be invidious to permit someone who is invoking a contract as the basis for its claim to do so otherwise than in accordance with the jurisdictional regime of that contract."Times Trading Corporation v National Bank of Fujairah (Dubai Branch)

Costs
The High Court has emphasised the need for there to be a good reason not to order a paying party to make a payment on account of costs, and that where the paying party claims to have insufficient resources, they must adduce evidence of their means. However, certain unsatisfactory features of a receiving party’s application could instead be reflected in the amount ordered to be paid.
Argus Media Limited v Halim

Freezing injunctions
Refusing to continue a freezing injunction in support of a foreign arbitration, the Commercial Court has found that the fact the defendant was a British national did not amount to a sufficient connection to England and Wales, given that he was neither domiciled nor resident here.
Petrochemical Logistics Ltd & Anr v PSB Alpha AG & Anr

Mediation
The English court has once again emphasised the dangers of refusing to mediate, holding that up to 50% of a successful defendant’s costs should be disallowed after it repeatedly refused to participate in mediation from the outset of the case.
Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anr

Without prejudice privilege
In an unusual case on the limits of the protection offered by without prejudice privilege, the English court has found that passages from a party’s mediation position paper were admissible as evidence in a subsequent dispute in order to rebut allegations of fraud.
Berkeley Square Holdings & Ors v Lancer Property Asset Management Limited & Ors

FOR MORE INFORMATION

Should you wish to discuss any of these cases in further detail, please speak with a member of our London dispute resolution team below, or your regular contact at Watson Farley & Williams: